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Madras High CourtWP(MD)/7005/2017dismissed

M.Syed Mohamed, v. The Assistant Settlement

2017-04-18Honourable Mr Justice V. Parthiban4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD).No.7005 of 2017 and W.M.P.(MD).No.5531 of 2017 M.Syed Mohamed .. Petitioner Vs.

1.The Assistant Settlement Officer, Survey House, Chepauk, Chennai-600 005.

2.District Revenue Officer, Tiruchirappalli, Tiruchirappalli District.

3.Revenue Divisional Officer, Tiruchirappalli, Tiruchirappalli District.

4.The Thasildar, Melur Village, Srirangam Taluk, Tiruchirappalli District.

5.S.Rangarajan, 6.Kannan 7.Padmini 8.N.Balachandar 9.P.Prasannan 10.S.Arivudai Nambi 11.M.Natarajan 12.J.Viswanathan 13.R.Ganga 14.J.R.Meenakshisundaram 15.V.Krishnamurthy 16.S.Rajagopalan 17.R.Kumar 18.V.Krishnamurthy 19.S.Venkatasubramanian 20.P.R.Gopalakrishnan 21.J.Varadarajan 22.Renganathan 23.Kasthuri Rengan 24.K.Neelakandan 25.G.Ragavendran 26.Meena 27.Rajagopal 28.V.Sureshkumar 29.C.S.Muralidharan 30.P.Kirupakaran 31.N.Ramalingam @ Ramadass 32.K.Vijayalakshmi 33.P.Sabapathy 34.P.Kaliyaperumal 35.D.Rukmani

36.R.Banumathy 37.A.Jayanthi 38.N.Krishnamurthy 39.S.Guna 40.Lakshmi Narasimhan 41.Mythiri 42.N.S.Ragavendran 43.R.Nithyanandam 44.Dr.Ashokdes Pandy 45.V.Srinivasan 46.K.Subramanian 47.S.Rajagopalan 48.R.Rajan 49.B.V.Muralidharan 50.Meera 51.G.Ram Prabhu 52.Tmt.Rukmani Ganesan 53.J.Narasimha Ragavan 54.Krishnan 55.R.Srinivasan Rao 56.K.Booma 57.R.Devanathan 58.Manickavasagasamy 59.S.Ramesh 60.S.Ganeshkumar 61.V.Srinivasan 62.Nithyanandam 63.P.Kaliyaperumal 64.K.V.Narayan 65.S.Kalyanaraman 66.J.Xavier Babu (*)67. S.Senthamarai Kannan ... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the 2nd respondent dated 15.07.2013 relating to the order passed by the second respondent dated 16.07.

2013 made in Na.Ka.AA5/10938/2011 confirming the dated 15.07.2013 relating to the order passed by the 2nd respondent order dated made in 04.03.2011 made in Na.Ka.A.7/637909 of the 2nd respondent and quash the same as illegal and consequently to direct the respondents 1 to 4 to cancel the patta now standing in the name of Respondents 5 to 67 as pattathar in respect of new T. S. Nos.130, 895,897, 898, 900, 902, 903, 906, 907, 909, 910, 911, 912, 914, 915, 916, 917, 919, 921, 923, 925, 928, 929, 1050, 1052, 1054/1, 1054/2, 1056, 1058, 1060, 1062, 1063, 1065, 1066, 1071, 1072, 1073, 1074, 1076, 1077, 1078, 1079, 1292, 1294, 1296/2, 1297, 1311, 1314, 1317,1318 and old Town Survey No.

489, 480B, 134 of Melur Village, Srirangam Taluk, Trichirapalli District and to change and make full assessment in the name of the petitioner in respect of the said property.

For Petitioner : Mr.M.Mahaboob Athiff for M/s Ajmal Associates For R1 to R4 : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of writ of Certiorarified Mandamus calling for the records relating to the order passed by the 2nd respondent dated 15.07.2013 relating to the order passed by the 2nd respondent dated 16.07.2013 made in Na.Ka.AA5/10938/2011 confirming the order dated made in 04.03.2011 made in Na.Ka.A.7/6379-09 of the 2nd respondent and quash the same as illegal and consequently to direct the respondents 1 to 4 to cancel the patta now standing in the name of Respondents 5 to 67 as pattathars.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4.

3. Challenging the order passed by the second respondent dated 16.07.2013, the petitioner has already approached this Court in W.P.(MD) No.16737 of 2013. This Court by order dated 09.01.2017 dismissed the writ petition giving liberty to the power agent of the petitioner to file a fresh writ petition. According to the petitioner, since liberty is given he is before this Court seeking the relief stated supra.

4. On a perusal of the pleadings and materials available on record, it could be seen that the matter has been settled as early as in the year 2013 and there is no whisper in the entire affidavit filed in support of this writ petition as to why there is so much delay in approaching this Court. There has been no explanation from the petitioner as to why the earlier writ petition came to be withdrawn and the petitioner cannot take advantage of the liberty granted by this Court in the earlier proceedings for filing a fresh litigation on the issue which has already been settled in the year 2013.

5. In such view of the matter, without going into merits and demerits of the case, this writ petition is dismissed on the ground of latches and delay. No costs. Consequently, connected W.M.P.(MD)No.5531 of 2017 is also dismissed.

Sd/- Assistant Registrar(CO) (*)Corrected as per letter dated 01.02.2021.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS)

TO:

(*) to be substituted the order already despatched on 18.03.2017 1.The Assistant Settlement Officer, Survey House, Chepauk, Chennai-600 005.

2.District Revenue Officer, Tiruchirappalli, Tiruchirappalli District.

3.Revenue Divisional Officer, Tiruchirappalli, Tiruchirappalli District.

4.The Thasildar, Melur Village, Srirangam Taluk, Tiruchirappalli District.

+1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO. 52790 +1cc to M/S AJMAL ASSOCIATES,SR.NO.52565 W.P.(MD).No.7005 of 2017 and W.M.P.(MD).No.5531 of 2017 18.04.2017 CM/IA kk/MMS/SAR3-16.05.2017-4P-7C TR(18.03.2021) 4P 7C